ORDER SHEETIN THE HIGH COURT OF SINDH AT KARACHIHCA No.148 of 2011__________________________________________________________________Order with signature of Judge__________________________________________________________________For katcha peshiFor hearing of CMA No. 2026 of 201131.01.2012Mr. Zulfiqar Haider Shah, Advocate Respondent Abdul Ghaffar Jangda in person -------------- -------------------Impugned in this appeal is the order dated 06.06.2011 passed by Single Judge on application, filed under order VII Rule 11 CPC, seeking rejection of the plaint. The grievance of the appellants is that while dismissing the application, the learned Single Judge has erred by touching the merits of the case before the evidence can be recorded. Learned counsel for the appellants states that the suit ought to be decided after giving opportunity to the parties to adduce evidence. In our view, the contention raised by the learned counsel for the appellants is correct. The learned Single Judge while disposing of the application under Order VII Rule 11 should not have travelled beyond its scope, toughing upon the merits of the case, and holding the act of the appellants to be mala fide.In the circumstances, we set aside the impugned order partly and remand the case back to the learned Single Judge to decide the matter after giving opportunity to the parties to adduce evidence. The matter shall be decided on merits without being influenced by any observation made in the impugned order.This High Court appeal is disposed of alongwith the listed application in the above terms. JudgeJudgeSamie ++PAGE 3 FILENAME HCA No. 148 of 2011PAGE 1012451400Microsoft Office Word0113falseTitle1Hewlett-Packard Companyfalse1642falsefalse14.0000UserMUHAMMAD SAMIE PS22012-02-01T06:13:00Z2012-03-14T04:53:00Z2012-03-14T04:53:00Z